Was your security clearance revoked? Is your attorney afraid of the U.S. government?

Basic Steps to Filing a Lawsuit in United States District Court

Did you have your security clearance revoked or as we say, “yanked?” Did you find out by accident, or even through hearsay? Were you not given due process or opportunity to contact legal counsel? Or maybe you did contact an attorney, but he was a sleazeball? You probably feel disappointed, angry, bewildered as to how this could have happened.

All is not lost. I would like to actively engage myself in trying to help you if being a pro se self-litigant is what you desire. You have been screwed out of your due process rights by the very government sworn to uphold them. It is frustrating, I know. But you CAN effectively help yourself. And in this way, you can avoid paying an attorney an exorbitant initiation fee just so he can sit and do nothing, adding insult to your injury. Sure, acting as your own attorney is not the easiest endeavor in the world. But the United States legal system was envisioned with the non-attorney in mind. With a little common sense and a little logic, I am sure you can be successful having your voice heard in court. I am not a lawyer, and nothing in this communication should be construed as legal advice. For legal guidance specific to your situation, please consult a licensed (and COMPETENT) attorney. If you find this guide helpful, please let me know. If you feel something is missing, provide constructive criticism.

Below is a concise general step-by-step guide for a hypothetical pro se litigant filing an initial complaint in the United States District Court regarding summary revocation of a security clearance without due process. Each step is stated plainly but with attention to the necessary legal structure:

 

Step-by-Step Guide to Filing an Initial Complaint in U.S. District Court (Pro Se)

Step 1: Familiarize yourself with the Federal Rules of Civil Procedures (FRCP). It can be viewed or downloaded online. Be sure you have the most current version. Although you may be a self-litigant you will still be expected to be knowledgeable of basic legal procedures and etiquette. You should also be able to conduct yourself in a manner that is respectable and honors the court. Also, familiarize yourself with the local rules of the judge presiding over your case. They can be found on the court’s website. Remember, be respectful. It is not the judge who wronged you, so let her administer justice as she sees fit. If you think your judge has not been fair and impartial, that is what appeals courts are for.

 

Step 2: Determine Proper Jurisdiction and Venue

Identify the appropriate U.S. District Court:

Based on where the incident occurred (e.g., where the revocation was issued).

Where the plaintiff resides.

Where the federal agency (e.g., DoD, DHS, etc.) operates.

Most security clearance revocation cases fall under federal question jurisdiction (28 U.S.C. § 1331) and APA claims (5 U.S.C. § 701 et seq.), with constitutional claims (Bivens).

 

Step 3: Draft the Complaint

Title the document: "Complaint for Declaratory and Injunctive Relief" or simply "Civil Complaint".

Include:

Caption: Plaintiff v. Agency/Official in official capacity.

Jurisdiction and Venue: Clearly invoke jurisdiction under federal statutes.

 

Parties:

 Identify yourself and the defendant agency/official(s).

Facts: Clearly, factually, and succinctly explain what happened (e.g., clearance revoked, no notice, no opportunity to be heard). Be objective, use facts not opinions.

 

Claims for Relief:

Due Process Clause of the Fifth Amendment.

Administrative Procedure Act (APA) if applicable.

Violation of Agency Regulations (e.g., EO 12968, AR 380-67).

 

Prayer for Relief:

Specify remedies sought (e.g., reinstatement of clearance, declaratory judgment, injunctive relief).

 

Signature Block:

Include name, address, phone, and sign the document.

 

Optional:

Include a jury demand if you wish to seek one (though rare in clearance disputes).

 

Step 4: Complete the Civil Cover Sheet (Form JS-44)

Required by all district courts.

Indicates the basis for jurisdiction, nature of suit (e.g., “Other Civil Rights”), and cause of action.

 

Step 5: Prepare Summons (Form AO 440)

Complete a summons for each defendant.

Leave the signature/date blank for the clerk.

 

Step 6: File the Documents with the Clerk

Visit the Clerk’s Office of the relevant U.S. District Court, or, in most cases you may mail in your complaint. If you do so, ensure your correspondence is Certified with Return Receipt.

 

Provide:

The original complaint + copies.

Civil Cover Sheet.

Summons(es).

Filing Fee: $405 (as of 2025) OR submit a Motion to Proceed in Forma Pauperis (IFP) if indigent (Form AO 240).

 

Step 7: Serve the Complaint

After the court issues the summons, you must serve:

The U.S. Attorney in your district.

Attorney General of the United States (Washington, D.C.).

The Agency Head or official named in the complaint.

Use certified mail with return receipt or a process server under FRCP Rule 4(i).

 

Step 8: Retain Proof of Service

File proof of service with the court within 90 days (per Rule 4(m)).

 

Step 9: Wait for Government Response

The U.S. government has 60 days to respond under Rule 12(a)(2). Then expect a Motion to Dismiss under Rule 12(b)(1) or 12(b)(6) whenever the District Attorney gets around to filing it.

IMPORTANT: You will need to create a username and login for the PACER system, which is where you will maintain your case, file motions, make pleadings, etc. The PACER system sends an email when there is activity, so ensure that your phone and your email app have notifications set to “ON,” or else you risk missing an important filing or deadline. Setting up an account on PACER is quick and easy, but if you have any issues, you can contact them and someone helpful will be happy to assist you.

As you are compiling your complaint, be sure to look at an example complaint on the internet (there are many), and once you are familiar with the FRCP (and your judge’s local rules, which can be found on your district court’s website) you can get a sense of how the initial complaint is supposed to look and be formatted. Remember, stick to only the facts of the case, and be brief. Judges have to read all day long and sometimes all night, so they do not wish to read fifteen pages when you could easily make your case in five. Good luck in your endeavors.